Do I need A Lawyer?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
What can I expect at trial?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250. Kerr County Small Claims Court cases are heard in 4 courthouses in Kerr County.
Kerr County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Kerr County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
A Justice of the Peace for Kerr County hears small claims court cases for Kerr County.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This type of relief would be injunctive relief.
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
Can I file my small claims case in Kerr County?
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Kerr County Court Locations
Precinct 1 Place 1 Courthouse in the City of Kerrville
This courthouse is located at:700 Main St, Rm 102 Kerrville, TX 78028-5389
Precinct 2 Courthouse in the City of Kerrville
This courthouse is located at:400 Clearwater Paseo, Ste 103 Kerrville, TX 78028-5389
Precinct 3 Place 1 Courthouse in the City of Kerrville
This courthouse is located at:700 Main St, BA 101 Kerrville, TX 78028-5389
Precinct 4 Place 1 Courthouse in the City of Ingram
This courthouse is located at:3350-A Junction Hwy Ingram, TX 78025-3125